Senate Bill S7005

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7005--A

                            I N  S E N A T E

                              March 5, 2010
                               ___________

Introduced  by  Sens. ADDABBO, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the vehicle and traffic law, in relation to the sale of
  tires

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  35 of section 375 of the vehicle and traffic
law is amended by adding a new paragraph (d) to read as follows:
  (D)(I) NO TIRE SHALL BE DISTRIBUTED, SOLD OR OFFERED FOR SALE IN  THIS
STATE  UNLESS,  PRIOR  TO THE SALE OF SUCH TIRE, A LABEL OR STICKER IN A
MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER IS AFFIXED TO  SUCH
TIRE  CLEARLY  DISPLAYING  THE  MANUFACTURER AND THE DATE OF CREATION OF
SUCH TIRE. UPON SALE OF A TIRE  A  RECEIPT  SHALL  BE  PROVIDED  TO  THE
PURCHASER  WHICH  INDICATES THE MANUFACTURER AND THE DATE OF CREATION OF
SUCH TIRE.
  (II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS  PARAGRAPH  SHALL  NOT
APPLY TO ANY MOTOR VEHICLE WITH TIRES INSTALLED AS OF THE EFFECTIVE DATE
OF THIS PARAGRAPH.
  (III)  NO  TIRE  SHALL  BE  INSTALLED IN THIS STATE UNLESS THE STICKER
REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH IS AFFIXED TO SUCH  TIRE.
UPON  INSTALLATION OF A TIRE BY ANYONE OTHER THAN THE OWNER OF THE MOTOR
VEHICLE A RECEIPT SHALL BE PROVIDED WHICH INDICATES THE MANUFACTURER AND
THE DATE OF CREATION OF SUCH TIRE.
  (IV) WHENEVER THERE SHALL BE A VIOLATION OF THIS SUBDIVISION, APPLICA-
TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF
THE  STATE  OF  NEW  YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A
SPECIAL PROCEEDING TO ISSUE AN INJUNCTION AND UPON NOTICE TO THE DEFEND-
ANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN  THE  CONTINUANCE
OF  SUCH  VIOLATION OR TO ENFORCE THE PROVISIONS OF THIS SECTION; AND IF
IT SHALL APPEAR TO THE SATISFACTION OF THE COURT  OR  JUSTICE  THAT  THE
DEFENDANT  HAS, IN FACT, VIOLATED THIS SUBDIVISION, AN INJUNCTION MAY BE
ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15888-03-0

S. 7005--A                          2

VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
INJURED OR DAMAGED THEREBY. WHENEVER THE COURT SHALL  DETERMINE  THAT  A
VIOLATION  OF THIS SUBDIVISION HAS OCCURRED THE COURT MAY IMPOSE A CIVIL
PENALTY  OF  NOT  MORE  THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.